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Melissa Holyoak

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Melissa Holyoak
Official portrait, 2024
Commissioner of the Federal Trade Commission
Assumed office
March 25, 2024
PresidentJoe Biden
Preceded byChristine S. Wilson
Solicitor General of Utah
In office
September 2020 – March 2024
Attorney GeneralSean Reyes
Preceded byTyler R. Green
Succeeded byStanford E. Purser
Personal details
Political partyRepublican
SpouseJoshua Holyoak
Children4
EducationUniversity of Utah (BA, JD)

Melissa Holyoak is an American lawyer serving since 2024 as a commissioner of the Federal Trade Commission.[1] She previously served as the solicitor general of Utah from 2020 to 2024.

Education

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Holyoak graduated from the University of Utah in 2000 with a Bachelor of Arts and from its S.J. Quinney College of Law in 2003 with a Juris Doctor degree. As a law student, Holyoak was an editor of the Utah Law Review and graduated with Order of the Coif membership.[2]

Career

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From 2003 to 2008, Holyoak was an associate in the Washington, D.C. office of the law firm O'Melveny & Myers while her husband attended medical school in Baltimore.[3] After spending several years as a homemaker raising her and her husband's young children, Holyoak became a part-time public interest attorney with the Center for Class Action Fairness in 2012.[3] She served as president and general counsel of Hamilton Lincoln Law Institute, a Washington, D.C.-based public interest firm representing consumers challenging unfair class actions and regulatory overreach.[2] Holyoak was one of the successful petitioners in the 2019 Supreme Court case Frank v. Gaos.[4][5]

In September 2020,[6] Holyoak became the Utah Solicitor General with the Utah Attorney General’s Office, where she manages the civil appeals, criminal appeals, constitutional defense and special litigation, and antitrust and data privacy divisions.[2] In that capacity, she oversees merger reviews, data privacy and antitrust enforcement actions, and provides leadership in consumer protection matters.[2]

Federal Trade Commission

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Appointment

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A Republican, Holyoak was nominated by U.S. president Joe Biden in July 2023 to serve as a member of the Federal Trade Commission.[7] Her nomination was confirmed by the Senate on March 7, 2024.[8]

Commissioner

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In May 2024, Holyoak dissented when the Commission conditioned approval of the $64.5 billion acquisition of Pioneer Natural Resources by ExxonMobil upon the prohibition of founder Scott D. Sheffield from the company's board.[9][10]

In May 2024, Holyoak dissented when the Commission decided to proceed to trial in its challenge to the $24.6 billion proposed acquisition of Albertsons by Kroger.[11][12]

In June 2024, Holyoak, dissented when the Commission issued a final rule banning non-compete clauses in most employment contracts.[13][14] In August 2024, U.S. District Judge Ada Brown issued a nationwide injunction prohibiting enforcement of the rule.[15]

In September 2024, Holyoak dissented when the Commission conditioned approval of the $53 billion acquisition of Hess Corporation by Chevron Corporation upon the prohibition of John B. Hess from the company's board.[16][17]

Personal life

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Holyoak's husband, Joshua Holyoak, is a urologist. They have four children and live in Utah.[2]

References

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  1. ^ "FTC Chair Welcomes Ferguson and Holyoak as FTC Commissioners, Congratulates Commissioner Slaughter on Confirmation to Another Term". Federal Trade Commission. 2024-03-08. Retrieved 2024-03-18.
  2. ^ a b c d e "President Biden Announces Nominees to Bipartisan Boards and Commissions". The White House. 2023-07-03. Retrieved 2023-07-04.Public Domain This article incorporates text from this source, which is in the public domain.
  3. ^ a b Seariac, Hannah (14 May 2024). "From the University of Utah to the national stage — one lawyer's journey to the Federal Trade Commission". Deseret News. Retrieved 10 October 2024.
  4. ^ Morrison, Richard (2018-10-30). "Q&A on Frank v. Gaos, Class Action Lawsuit Headed to Supreme Court". CEI.org. Competitive Enterprise Institute.
  5. ^ Frank v. Gaos, No. 17-961, 586 U.S. ___ (2019)
  6. ^ Rodgers, Bethany (September 9, 2020). "Utah's new solicitor general facing potential court sanctions". The Salt Lake Tribune. Retrieved 2023-07-04.
  7. ^ "Biden names two Republican nominees for FTC commissioner, White House says". Reuters. 2023-07-03. Retrieved 2023-07-04.
  8. ^ "PN801 — Melissa Holyoak — Federal Trade Commission 118th Congress (2023-2024)". United States Congress. Retrieved 2024-03-25.
  9. ^ Krauss, Clifford (2 May 2024). "F.T.C. Clears Exxon Mobil's Acquisition of Pioneer Natural Resources". The New York Times. Retrieved 30 November 2024.
  10. ^ Joint Dissenting Statement of Commissioner Melissa Holyoak and Commissioner Andrew N. Ferguson In the Matter of ExxonMobil Corporation Commission File No. 241-0004, 89 FR 42878 (May 16, 2024)
  11. ^ Sisco, Josh; Brown, Marcia (26 August 2024). "Feds take grocery merger to court amid 2024 fight over high food prices". POLITICO. Retrieved 30 November 2024.
  12. ^ Dissenting Statement of Commissioner Melissa Holyoak joined by Commissioner Andrew N. Ferguson, In the Matter of The Kroger Company and Albertsons Companies, Inc., Docket No. 9428 (May 29, 2024).
  13. ^ Moreno, J. Edward (24 April 2024). "F.T.C. Issues Ban on Worker Noncompete Clauses". The New York Times. p. A1. Retrieved 30 November 2024.
  14. ^ Dissenting Statement of Commissioner Melissa Holyoak joined by Commissioner Andrew N. Ferguson, In the Matter of the Non-Compete Clause Rule, Matter Number P201200 (June 28, 2024).
  15. ^ Kay, Danielle (20 August 2024). "Judge Blocks F.T.C.'s Noncompete Rule". The New York Times. Retrieved 30 November 2024.
  16. ^ Godoy, Jody (30 September 2024). "US FTC allows Chevron-Hess deal, bars John Hess from board". Reuters. Retrieved 30 October 2024.
  17. ^ Dissenting Statement of Commissioner Melissa Holyoak In the Matter of Chevron Corporation and Hess Corporation, FTC File No. 241-0008, 89 FR 80561 (October 3, 2024)